Socolov v. U.S. Department of Justice et. al. and 14 other new FOIA lawsuits, plus case descriptions

We have added 177 documents from 15 FOIA cases filed between April 14, 2019 and April 20, 2019. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. Socolov v. U.S. Department of Justice et. al. (filed Apr 15, 2019)
   Emily Socolov, an historian and folklorist at the University of Texas, submitted FOIA requests to the Department of Justice for records concerning the conviction of her mother, Judith Coplon during the Cold War on charges of spying for the Soviet Union. The agency acknowledged receipt of the requests. The agency withheld a number of records under Exemption 1 (national security), Exemption 3 (other statutes), and Exemption 7 (law enforcement records). Socolov filed administrative appeals of the withholdings, but ultimately filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. CENTER FOR IMMIGRATION STUDIES v. U.S. CUSTOMS AND BORDER PROTECTION (filed Apr 16, 2019)
   The Center for Immigration Studies submitted a FOIA request to U.S. Customs and Border Protection for records concerning apprehensions between land-only ports of entry of migrants from primarily Muslim countries. The agency acknowledged receipt of the request, but after hearing nothing further from the agency CIS filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. HETTENA v. DEPARTMENT OF JUSTICE (filed Apr 16, 2019)
   Seth Hettna, author of a book on President Trump and his connections to Russia, submitted a FOIA request to the FBI for records concerning Vyacheslav Kirillovich Ivankov, a deceased Russian crime boss who, according to Hettna had frequented several of Trump’s properties while he was living in the United States in the 1990s before being extradited to Russia on murder charges. Although he was acquitted of the murder charges, he was subsequently killed while in Russia. Hettna also requested a fee waiver. The agency denied Hettna’s request for a fee waiver, but subsequently agreed to include him in the news media fee category. The agency also told Hettna that it had located 528 potentially responsive records. However, after hearing nothing further from the agency, Hettna filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. COLE v. COPAN et al (filed Apr 16, 2019)
   David Cole submitted a FOIA request to the National Institute of Standards and Technology for specific records concerning the fire safety investigation of the 9/11 collapse of the World Trade Center. The agency acknowledged receipt of the request and told Cole that it was required to consult with an outside party that had an ownership right in the records. The agency withheld all but one of the records under Exemption 3 (other statutes) citing the National Construction Safety Team Act. Cole filed an administrative appeal. The agency denied his administrative appeal. Cole then filed suit.
   Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
5. Doe v. Department of Homeland Security et al (filed Apr 16, 2019)
   John Doe, an applicant for asylum from Africa, submitted a FOIA request through his attorney to U.S. Citizenship and Immigration Services for records about himself. After hearing nothing further from the agency, Doe filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Asian Americans Advancing Justice – Asian Law Caucus v. U.S. Department of Homeland Security, Immigration and Customs Enforcement (filed Apr 17, 2019)
   Asian Americans Advancing Justice – Asian Law Caucus submitted a FOIA request to the Department of Homeland Security for records concerning the repatriation of Laotian nationals who had been ordered removed from the United States. The agency acknowledged receipt of the request and told AAAJ that it would invoke a 10-day extension to respond. AAAJ then requested expedited processing. Although the agency told AAAJ that it was processing the request, after hearing nothing further from the agency, AAAJ filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Apr 17, 2019)
   Judicial Watch submitted a FOIA request to the FBI for records concerning communications between former FBI agent Peter Strzok and DOJ attorney Bruce Ohr. Judicial Watch also submitted a FOIA request to the Department of Justice for records concerning communications between Ohr and Strzok. The agency acknowledged receipt of the requests. DOJ told Judicial Watch that it would search the Executive Office for Organized Crime Drug Enforcement Task Forces, as well as the Office of Information Policy and the FBI. DOJ told Judicial Watch that its search of the OCDETF’s offices found no records. Judicial Watch filed an administrative appeal of the no records decision, which was denied by OIP. After hearing nothing further from the agency pertaining to either request, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. NATIONAL LEGAL AND POLICY CENTER v. UNITED STATES DEPARTMENT OF JUSTICE (filed Apr 17, 2019)
   The National Legal and Policy Center submitted a FOIA request to the Department of Justice for records concerning the appointment of Robert Mueller to be special counsel. NLPC also requested expedited processing. The agency acknowledged receipt of the request but denied NLPC’s request for expedited processing. NLPC filed an administrative appeal of the denial of expedited processing. The Justice Management Division responded to the parts of NLPC’s request for records concerning the agency’s ethics review but withheld a two-page memo under Exemption 5 (privileges). NLPC filed an administrative appeal challenging the Exemption 5 claims. After hearing nothing further from the agency, NLPC filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Americans for Immigrant Justice, Inc. v. United States Department of Homeland Security et al (filed Apr 17, 2019)
   Americans for Immigrant Justice submitted a FOIA request to U.S. Customs and Border Protection for records concerning contracts or other relationships with medical providers serving various CBP stations in Texas. The agency acknowledged receipt of the request but as the result of confusion, the agency remanded the request for a further search. The agency eventually disclosed 342 partially redacted pages as part of an interim response, but after hearing nothing further from the agency, AI Justice filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. National Consumer Law Center v. United States Department of Education (filed Apr 17, 2019)
    The National Consumer Law Center submitted a FOIA request to the Department of Education for records concerning the agency’s contract with the Pennsylvania Higher Education Assistance Agency. The agency acknowledged receipt of the request. The agency’s website indicated that NCLC’s request was being searched. But after hearing nothing further from the agency, NCLC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
11. Muhammad v. U.S. Department of Housing and Urban Development et al (filed Apr 17, 2019)
    Dante Muhammed submitted a FOIA request to the Department of Housing and Urban Development for records concerning his FHA loan. After the agency failed to respond, Muhammed filed suit.
    Issues: Failure to respond within statutory time limit
12. Pro Publica, Inc. v. United States Department of the Treasury (filed Apr 17, 2019)
    ProPublica submitted five FOIA requests to the Department of the Treasury for records concerning communications and calendar entries for various agency officials. The agency requested that ProPublica narrow its requests. ProPublica did so, but after hearing nothing further from the agency ProPublica filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. VOTEVETS ACTION FUND v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Apr 18, 2019)
    VoteVets Action Fund submitted a FOIA request to the Department of Veterans Affairs for records concerning the process for selecting members for the Board of Veterans’ Appeals. VoteVets Action Fund also requested a fee waiver. The agency acknowledged receipt of the request and told VoteVets Action Fund that there were 53 FOIA requests before theirs. After hearing nothing further from the agency, VoteVets Action Fund filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index, Public Interest Fee Waiver
14. HALL & ASSOCIATES v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Apr 18, 2019)
    Hall & Associates submitted a FOIA request to the EPA in 2018 for records concerning the email distribution list used for sending out emails pertaining to an agency email entitled Prepare for Harmful Algae Blooms. The agency acknowledged receipt of the request and asked Hall & Associates for $300 to cover the costs of processing the request. Hall & Associates filed an administrative appeal challenging the agency’s practice of requesting excessive fees. The agency ultimately disclosed the list but refused to disclose email addresses where the domain name suggested that they were personal under Exemption 6 (invasion of privacy). In 2019, Hall & Associates also submitted a FOIA request for the email distribution list pertaining to an email announcing a webinar on water quality issues. After hearing nothing further from the agency pertaining to either request, Hall & Associates filed suit.
    Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
15. NEESE v. UNITED STATES DEPARTMENT OF JUSTICE (filed Apr 18, 2019)
    Ashley Neese, a former Assistant U.S. Attorney in the Western District of Virginia, submitted a FOIA request to the Executive Office for U.S. Attorneys and the Office of Professional Responsibility for records concerning allegations made against her that resulted in her resignation. The agency acknowledged receipt of her request. EOUSA located 306 potentially responsive records. The agency withheld 208 records in full and 23 pages in part, citing Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7 (law enforcement records). Neese filed an administrative appeal with the Office of Information Policy, but after hearing nothing further from the agency, Neese filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees